COURSE USE AGREEMENT
THE AGREEMENT: This Course Agreement (“Agreement”) is made by and between the Parties: Making Your Impact, LLC, and any applicable employees and affiliates (“Course Provider,” also referred to with “us,” “we,” “our,” and other first-person pronouns) and you, purchaser of the Mega Meal Prep Course and user of Services and Website (“Course Participant,” also referred to as “you,” “your,” “yours,” and other second-person pronouns). This agreement shall govern the use of pages, videos, and additional materials (hereinafter referred to collectively as “Course”) and any services provided by Course Provider through the Course (“Services”) and/or on the Course Provider’s website (“Website”).
Article 1 - ASSENT & ACCEPTANCE:
By purchasing and participating in the Course, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please cease your participation on the Course immediately. If you do so after purchase, you will not be entitled to any refund. Course Provider only agrees to provide the Course to you if you assent to this Agreement.
Article 2 - LICENSE TO USE WEBSITE & ACCESS COURSE MATERIALS:
Course Provider may provide you with certain information as a result of your accessing of the Course through the Website. Such information may include, but it not limited to, documentation, data, or information developed by us and other materials with may assist in your participation in the Course (“Materials”). Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable, and revocable license to use the Materials solely in connection with your participation in the Course and your use of the Website. The Materials may not be used for any other purpose. This license terminates at your cessation of use of the Course or the Website or at the termination of this Agreement by Course Provider.
Article 3 - COURSE TERMS:
After purchasing the Course, you will have immediate access to available Course Materials. The Course and any of its accompanying Materials may not be shared with any party. If we suspect the Course or Materials are being shared and/or that you have shared your login information with any party, we reserve the right to immediately terminate your access to the Course, in our sole and exclusive discretion.
Course Participants may download Course Workbook and other print materials to keep and use for the purposes of course participation until you cease participation in the Course. Videos may be viewed in the video viewer of your choice.
We do not offer any promises or guarantees with regard to the Course, Course Materials, Services, or Website. You hereby acknowledge and agree:
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You are solely and exclusively responsible for the choices you make with regard to this Course, the Materials, Services, or Website, or any significant changes to your business or life;
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You are solely and exclusively responsible for your own mental health, physical health, business decisions, and any other actions or inaction you choose to take;
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We are not liable for any result or non-result or any consequences that may come about due to your participation in the Course;
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This Course does not constitute a therapeutic relationship or medical relationship. We do not provide therapy or medical services. You are responsible for procuring these services at your own will and discretion if needed.
Article 4 - INTELLECTUAL PROPERTY:
You agree that the Materials, the Course, the Website, and any other Services provided by the Course Provide are the property of the Course Provider, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“IP”). You agree that the the Course Provider owns all right, title, and interest in and to the IP and that you will not use the IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs) without express written permission from the Course Provider.
Article 5 - ACCEPTABLE USE:
You agree not to use the Course, Website, or Services for any unlawful purpose or purpose prohibited under this clause. You agree not to use the Course, Website, or Services in any way that could damage the Course, Website, Services, or general business of the Course Provider.
You further agree not to use the Course or the Website:
i. To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
ii. To violate any intellectual property rights of the Course Provider or any third party;
iii. To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
iv. To perpetrate any fraud;
v. To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
vi. To publish or distribute any obscene or defamatory material;
vii. To publish or distribute any material that incites violence, hate, or discrimination towards any group;
viii. To unlawfully gather information about others.
Article 6 - AFFILIATE MARKETING & ADVERTISING:
Course Provider may engage in affiliate marketing whereby we receive a commission on or percentage of the sale of goods or services on or through the Course and/or Website. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements that may apply.
Article 7 - NO LIABILITY:
The Course, Website, and Services are provided for informational purposes only. You acknowledge and agree that any information posted in or through the Course, Materials, Website, or Services is not intended to be legal advice, medical advice, mental health advice, or financial advice, and no fiduciary relationship has been created between Course Provider and Course Participant. You further agree that your participation in the Course and/or Services is at your own risk. We do not assume responsibility or liability for any advice or other information given in and/or through the Course, Materials, Website, or Services.
Article 8 - REVERSE ENGINEERING & SECURITY:
You agree not to undertake any of the following actions:
a. Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Course or Website;
b. Violate the security of the Course or Website through any unauthorized access, circumvention or encryption or other security tools, data mining, or interference to any host, user, or network.
Article 9 - DATA LOSS:
Course Provider does not assume or accept responsibility for the security of your account or content. Your agree that your participation in the Course or use of the Website is at your own risk.
Article 10 - INDEMNIFICATION:
You agree to defend and indemnify the Course Provider and any of our affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your participation in this Course, your use or misuse of the Website, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select our own legal counsel and may participate in our own defense, if we wish.
Article 11 - SPAM POLICY:
You are strictly prohibited from using this Course for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
Article 12 - MODIFICATION & VARIATION:
Course Provider may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting it on the Website and that modification or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated in other latest modification or variation of this Agreement.
To the extent that any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
Article 13 - ENTIRE AGREEMENT:
This Agreement constitutes the entire understanding between the Parties with respect to the Course, Website, or Services. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.
Article 14 - SERVICE INTERRUPTIONS:
Course Provider may need to interrupt your access to the Course to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Course, Website, or Services may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.
Article 15 - LIMITATION ON LIABILITY:
We are not liable for any damages that may occur to you as a result of your participation in the Course, or use of Website or Services, to the fullest extent permitted by law, as noted above. The maximum liability of the Course Provider arising from or relating to this Agreement is limited to the amount you paid for the Course. This section applies to any and all claims by you, including but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
Article 23 - GENERAL PROVISIONS:
A. LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
B. JURISDICTION, VENUE, & CHOICE OF LAW: Through your participation in this Course and/or use of Website and/or Services, you agree that the laws of Oklahoma shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute or any kind that may arise between Course Provider and Course Participant, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Oklahoma County, Oklahoma. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
C. ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Oklahoma County, Oklahoma. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing federal law, as well as the law of the following state: Oklahoma. Each party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes, or regulations. Intellectual property claims will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-party of this Agreement, waive any rights they may have to a jury trial in regard to artibtral claims.
D. ASSIGNMENT: This Agreement or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this agreement, or the rights granted hereunder, be assigned, sold, leased, or otherwise transferred by Course Provider, the rights and liabilities of Course Provider will bind and inure to any assignees, administrators, successors, and executors.
E. SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this agreement shall continue in full force.
F. NO WAIVER: In the event we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver or any other part or sub-part.
G. HEADINGS FOR CONVENIENCE ONLY: Heading of parts and sub-parts under this Agreement are for convenience and organization only. Headings shall not affect the meaning of any provisions of this Agreement.
H. NO AGENCY, PARTNERSHIP, OR JOINT VENTURE: No agency, partnership, or joint venture has been created between Course Provider and Course Participant as a result of this Agreement. No Party has any authority to bind the other to third parties.
I. FORCE MAJEURE: Course Provider is not liable for any failure to perform due to causes beyond our reasonable control, including but not limited to, acts of God, acts or civil authority, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts that may be due to unforeseen circumstances.
J. ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including email. For any questions or concerns, please email us at the following address: hello@melissaeick.com